Admin Recap 2

Which of the following is a requirement for standing in administrative law in Australia?

• The applicant must have a direct financial interest

• The applicant must be a citizen of Australia

• The applicant must have a special interest in the outcome of the case

• The application must be in the public interest

Can an administrative decision that purports to exercise a statutory power (but does so incorrectly) be reviewed by the Courts?

• Yes

• No

What is a requirement for the hearing rule?

• The DM must hear from all parties affected by the decision

• The DM must provide reasons for the decision

• The DM must give the parties an opportunity to appeal the decision

• The DM must give parties an opportunity to be heard before making the decision

Which is an example of bias in admin law?

• The DM has a personal connection to one of the parties

• The DM does not have the qualifications to make the decision

• The DM has taken into account irrelevant considerations in making the decision

• The DM has followed policy without evaluating it

What does the narrow ultra vires ground of review focus on?

• Whether the decision was reasonable

• Whether the decision was made within DM's jurisdiction or power

• Whether the decision was made in the public interest

• Whether the facts of the case are correct

Can a DM with apprehended bias ever make a decision on a case?

• No, they must recuse themselves immediately

• Yes, if they do not determine that the bias is sufficiently apprehended

• Yes, if the bias is declared and the parties do not bring an objection

True or False: The courts have the ability to determine jurisdictional facts

• True

• False

Procedural errors include an administrative body

• Failing to follow the correct decision-making process

• Making an error of law in its decision

• Failing to provide adequate reasons

• Making a decision that is inconsistent with previous decisions

Does information conveyed secretly to a DM need to be disclosed to the relevant applicant for the purpose of a hearing?

• No, the information can remain secret

• Yes, they must disclose everything fully

• The general gist of the information needs to be disclosed

• Depends on the statute

What is the name of the principle that allows a DM to have an 'alter ego'?

• Cornello Principle

• Carltona Principle

• Cirkland Principle

• Crayola Principle